United States v. Westfall

HEALY, Circuit Judge.

The United States appeals from a judgment rendered against it in a suit under the Federal Tort Claims Act. Numerous errors are assigned, only a few of which are thought deserving of notice.

1. Plaintiff’s injury giving rise to the suit occurred in the State of Washington February 20, 1946. The action was commenced April 21, 1950. It is contended that the cause was barred by the state statute prescribing a three-year limitation in suits for personal injury. The Tort Claims Act, however, prescribes its own limitation. State of Maryland v. United States, 4 Cir., 165 F.2d 869.…